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(영문) 전주지방법원 남원지원 2018.01.09 2017고단240

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by six months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

[2] On May 22, 2008, the Defendant was notified of a summary order of a fine of KRW 700,000,000 for a crime of violating the Road Traffic Act in the support of the Southern District Court of the Jeonju, and was notified of a summary order of a fine of KRW 2 million for the same crime in the same court on July 25, 2014.

[2] On November 10, 2017, the Defendant driven a freight vehicle B and one ton from the section of about 2 km at the intersection from the traffic park parking lot located in Gwangju Mine-gu to the annual rate of 76 percent high-tech in the same city, from the parking lot located in Gwangju Mine-gu to the annual rate of 76 percent (annual dong), while under the influence of alcohol content at around 00:35 on November 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, investigation report Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- Even though the Defendant had had a criminal record of drinking driving twice, it is disadvantageous to the Defendant that he/she again committed the instant crime.

- The facts that the defendant has no record of other criminal disposition, and that the amount of alcohol concentration among the blood of the defendant does not reach a very high level at the time of the crime of this case are favorable circumstances.